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At August 2010, matters are ongoing in the New Zealand legal system.
From 2004:
CIV 2004-485-1657 Kimberly Birkenfeld v Anthony Bruce Kendall and Yachting New Zealand Inc. High Court Wellington, New Zealand
In 2004, Birkenfeld was persuaded to file the above proceeding (grounded on the 2002 Athens Olympic Test Event accident) in New Zealand.
From 2005:
CIV 2005-085-596 Johnston Lawrence v Kimberly Birkenfeld v Roger Chapman District Court Wellington, New Zealand
In 2005, with an imminent hearing for summary judgment pending against Birkenfeld, her New Zealand lawyer unexpectedly resigned. Upon his resignation, Birkenfeld refused to pay the final bill. The New Zealand lawyer then sued her for refusing to pay the final bill. Birkenfeld filed a counterclaim based on fraud.
The courts of New Zealand have Kim Birkenfeld (former athlete and Miami resident) fully engaged in seperate matters in the District Court, the Court of Appeal and the Supreme Court simultaneously.
On April 8, 2010 District Court Wellington ordered Birkenfeld to appear in Wellington, New Zealand at a garnishment hearing date it set for Friday May 21, 2010. If she did not appear, her former attorney would garnish an amount over US$35,000 with a strike out of Birkenfeld's defense and counterclaim. The District Court set the schedule without confirming with Birkenfeld that she could travel from her residence in Miami, Florida USA to Wellington, New Zealand for the garnishment hearing date.
On April 21, Birkenfeld filed Application for Modification of Directions for Compliance with UN Convention on Rights of Persons with Disabilities in District Court on grounds that having 2 proceedings pending in 3 courts at the same time denies a litigant with severe disabilities opportunity to equal and effective access to justice. The District Court failed to set a hearing date for determination of her Application for Modification of Directions.On May 21 - without hearing argument from Birkenfeld - District Court Wellington awarded the money to the New Zealand attorney without determination of Birkenfeld's counterclaim of fraud against the attorney.
At August 2010, both proceedings are on appeal:
The matter of the fraudulent New Zealand attorney (High Court Wellington), and
The matter of the 2002 Olympic Test Event accident (Court of Appeal of New Zealand).
Kimberly Birkenfeld v Anthony Bruce Kendall and Yachting New Zealand Inc. CIV 2004-485-1657 High Court Wellington, New Zealand
The above injury proceeding grounded on the Athens, Greece, Olympic Test Event accident, was filed in New Zealand in August 2004.
At April 2010, it had matters pending in both the Supreme Court SC 17/2010 and the Court of Appeal CA 793/2009.
PDF Downloads:
April 21, 2010 Supreme Court of New Zealand - Judgment
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Johnston Lawrence v Kimberly Birkenfeld v Roger Chapman CIV 2005-085-596 District Court Wellington, New Zealand
At May 21, 2010, District Court Wellington held a garnishment hearing without setting a hearing date for Birkenfeld's April 21, 2010 Application for Modification of Directions for Compliance with UN Convention on Rights of Persons with Disabilities.
The District Court proceeding began in March 2005 after Birkenfeld's New Zealand lawyer Roger Chapman unexpectedly resigned with a Summary Judgment hearing pending in the 2004 High Court proceeding Kimberly Birkenfeld v Anthony Bruce Kendall and Yachting New Zealand Inc. Claim and counterclaim were filed in 2005 and 2006.
